Defenses to a charge of reentry after deportation. 1912. 8 U.S.C. 1326


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Defenses to a charge of reentry after deportation. 1912. 8 U.S.C. 1326.

Under 8 USC 1326(a), it is a crime for any alien who was excluded, deported, or removed, to reenter, or attempt to reenter the United States. Under the statute, there is a maximum 2-year sentence for reentry after deportation. However, if removal of a non-citizen was caused by the alien’s convictions to three or more misdemeanors involving drugs, crimes against the person, or to a felony, the penalty is imprisonment to up to 10 years. In addition, if the alien was deported after a conviction to an “aggravated felony”, the term of imprisonment is up to 20 years. It is important to note that even a crime that is classified as a misdemeanor under State law could be considered an “aggravated felony” under U.S. immigration laws.

Read more here: https://criminalimmigrationlawyer.com/reentry-after-deportation/

https://www.justice.gov/archives/jm/criminal-resource-manual-1912-8-usc-1326-reentry-after-deportation-removal

 

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